The Importance Of Formalizing Parenting Agreements

By
Roscich & Martell Law Firm, LLC
|December 08, 2017

Parents sometimes try to work out issues of parental responsibility and
time sharing informally amongst themselves without going through the court system.
While this may work well for some parents for a long time without any
problems, for others, after a period of cooperation, the parents may no
longer be able to abide by their informal agreement. When this happens,
the parents may have to go to court in order to get a formal parenting
agreement.

Informal parenting agreements and child support orders are not enforceable
through the courts. This means that even though the parents have come
to an agreement as to which parent will have majority parental responsibility
and how time sharing will work if there is a disagreement, the parents
have no way of forcing each other to abide by the informal agreement.
For example, if the parents were never married and the father is not listed
on the child’s birth certificate, the father will have a difficult
time asking for police assistance to get the child from the mother if
the mother refuses to continue allowing the father to see the child.

Therefore, even in cases where the parents have a good relationship, it
is important to formalize any parenting agreement in court with a court
order. This helps protect everyone involved. A court order would also
establish the amount that would be paid in child support and keep a parent
from overpaying or underpaying a monthly amount in child support.

Going to court does not mean that the parents will be stuck with a parenting
plan that does not reflect their prior agreements. Courts in Illinois
can enter a court order that is based on the parent’s previous agreement.
The court may have to make certain adjustments to ensure that the calculations
for child support are within the limits allowed by law. However, the court
may refuse to honor the parent’s parenting agreement if the court
finds that it is not in the best interests of the child.

Sometimes if a parent files for time sharing and child support after the
parents’ relationship becomes contentions, the court can look to
a previous informal agreement on time sharing and parental responsibility
to see how much time the parents previous handled time sharing. While
this would not be the final word on how the court would rule on these
issues, it can affect the court’s decision.

Contact Us for Legal Assistance

Formalizing a parenting plan does not mean that the parents have to fight
about issues they previously agreed to when it comes to raising their
children. For more information on how to protect yourself and your children
by formalizing a parenting agreement, you need to contact an experienced
Naperville child custody and visitation attorneys at the Roscich & Martel Law Firm, LLC today.

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